PUC Dismisses Petition To Determine Whether Residential Customers Benefited From Electricity Deregulation, Without Prejudice -- EnergyChoiceMatters.com

PUC Dismisses Petition To Determine Whether Residential Customers Benefited From Electricity Deregulation, Without Prejudice

November 11, 2022

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Copyright 2010-21 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The New Hampshire PUC dismissed, without prejudice, a petition for a, "Determination of Whether New Hampshire Residential Customers Benefited From Electricity Deregulation."

As first reported by EnergyChoiceMatters.com, the petition had been filed by James T. Rodier, who was described in the petition as, "an acknowledged leader in the movement toward retail competition and deregulation of the electric utility industry."

Among other things, the petition alleged, "Residential Customers purchasing their electricity directly from their local regulated utility supplier (e.g., Eversource) at rates authorized by the NHPUC would be less expensive than purchasing the same electricity through an unregulated broker or aggregator. The amount added to a customer's bill by an unregulated broker or aggregator would be substantial or even abusive."

In addressing the petition, the PUC said, "In his petition, the Petitioner does not allege specific facts or request relief from the Commission with regard to himself individually. Instead, he appears to seek a declaratory ruling on the broad policy issue of whether electric utility restructuring under RSA chapter 374-F has benefited New Hampshire residential customers as a whole by providing them with lower electric rates. The Petitioner suggests in 'Exhibit A' that a specific aggregator should be sanctioned for improper conduct but does not allege any specific facts that show that he was harmed."

"A declaratory ruling is a binding determination by an administrative agency that disposes of a legal controversy or removes legal uncertainty," the PUC said.

The PUC said that, pursuant to New Hampshire Code of Administrative Rules, Puc 207.01(c), the Commission shall dismiss a petition for declaratory ruling that: (1) Fails to set forth factual allegations that are definite and concrete; (2) Involves a hypothetical situation or otherwise seeks advice as to how the commission would decide a future case; or (3) Does not implicate the legal rights or responsibilities of the petitioner; or (4) Is not within the commission’s jurisdiction.

"In this instance, neither the petition nor Exhibit A contain any specific factual allegations that implicate the Petitioner’s individual legal rights or responsibilities or show the existence of a legal controversy or legal uncertainty," the PUC said

"Furthermore, as a result of amendments to RSA chapter 374-F effective July 1, 2021, it is the New Hampshire Department of Energy (DOE), not the Commission, that has the authority to investigate CEPSs and aggregators. See RSA 374-F:7, III. Following any investigation, the DOE may petition the Commission for sanctions against a CEPS or aggregator," the PUC said

"For all the forgoing reasons, we dismiss the petition without prejudice pursuant to Puc 207.01(c)," the PUC said

Docket 22-056

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